Chapter 122
AN ACT
HB 2268
Relating to commercial driver licenses;
creating new provisions; and amending ORS 153.090, 801.477, 807.035, 807.370,
809.360, 809.404, 813.052, 813.215 and 825.960.
Be It Enacted by the People of
the State of
SECTION 1. Sections 2 and 3 of this 2007 Act are added
to and made a part of the
SECTION 2. Notwithstanding any other provision of law,
a school bus manufacturer, school bus dealer or school bus mechanic is not
required to have a school bus endorsement while operating a school bus that is
not transporting students.
SECTION 3. “Holds a commercial driver license” means a
person holds a commercial driver license that is:
(1) Valid;
(2) Expired less than
one year; or
(3) Suspended, but not
canceled, revoked.
SECTION 4. ORS 813.052 is amended to read:
813.052. (1) When the
Department of Transportation receives [notice]
notification that a person has violated an out-of-service order issued
under ORS 813.050 or has knowingly violated any other out-of-service order or
notice, in addition to suspension of driving privileges imposed under ORS
809.413, the department shall impose a civil penalty of not less than [$1,000] $1,100 or more than [$2,000] $2,750 on the operator of
the commercial motor vehicle.
(2) For purposes of this
section, [“notice”] “notification”
includes, but is not necessarily limited to, a record of conviction and a
record of a determination by a state or federal agency with jurisdiction to
make such determinations that the person has violated an out-of-service order
or notice.
(3) Civil penalties
under this section shall be imposed in the manner provided in ORS 183.745.
SECTION 5. ORS 825.960 is amended to read:
825.960. (1) When the
Department of Transportation receives [notice]
notification that a person has violated an out-of-service order or notice,
the department shall impose a civil penalty of not less than $2,750 or
more than [$10,000] $11,000 on
the employer of an operator of a commercial motor vehicle if the department
finds that the employer knowingly allowed, permitted, authorized or required
the operator to violate the order or notice.
(2) For purposes of this
section, [“notice”] “notification”
includes, but is not necessarily limited to, a record of conviction and a
record of a determination by a state or federal agency with jurisdiction to
make such determinations that the person has violated an out-of-service order
or notice.
(3) Civil penalties
under this section shall be imposed in the manner provided by ORS 183.745.
(4) If the amount of the
penalty is not paid to the department, the Attorney General, at the request of
the department, shall bring an action in the name of the State of
SECTION 6. ORS 809.360 is amended to read:
809.360. (1) For
purposes of determining whether grounds exist for revoking or suspending
driving privileges, an unvacated forfeiture of bail in another state equals a
conviction.
(2) A suspension or
revocation of driving privileges ordered by a court shall run concurrently with
any mandatory suspension or revocation ordered by the Department of
Transportation and arising out of the same conviction.
(3) Judicial review of
orders denying, suspending or revoking a license, except where such suspension
or revocation is mandatory, shall be as provided in ORS chapter 183.
(4) Whenever the
department or a court has reason under any laws of this state to suspend or
revoke the driving privileges of any person who does not hold current driving
privileges to operate motor vehicles or whose driving privileges are due to
expire during a suspension period, the department or court shall suspend or
revoke the right of such person to apply for driving privileges to operate
motor vehicles in this state. A suspension or revocation of a right to apply
for driving privileges under this subsection shall be for the period provided
by law.
(5) Whenever the
department or a court has reason under any laws of this state to suspend the
commercial driver license of any person who does not hold a current commercial
driver license or whose commercial driver license is due to expire during a
suspension period, the department or court shall suspend the right of such
person to apply for a commercial driver license in this state. A suspension of
a right to apply for a commercial driver license under this subsection shall be
for the period provided by law.
[(6) Notwithstanding any other provision of law, a person who holds a
farm endorsement described in ORS 807.035 while operating within the
limitations of the endorsement is not subject to suspension of a commercial
driver license or of the right to apply for a commercial driver license for any
offense that would subject the driver of a commercial motor vehicle to such
sanction. Nothing in this subsection prohibits suspension of the person’s Class
C driver license or the right to apply for such a license.]
SECTION 7. ORS 801.477 is amended to read:
801.477. “Serious
traffic violation” means:
(1) A violation, while
operating a motor vehicle and holding a commercial driver license, of: [ORS
811.140, reckless driving.]
(a) ORS 811.140,
reckless driving;
(b) Any law establishing
a speed limit, if the person is operating the vehicle 30 miles per hour or more
above the posted limit and a court imposes a suspension under ORS 811.109; or
(c) Any law establishing
a speed limit, if the person is operating the vehicle at a speed of 100 miles
per hour or greater.
(2) A violation, while
operating a commercial motor vehicle, of:
(a) Any law establishing
a speed limit, if the person is operating the vehicle 15 miles per hour or more
above the posted limit.
(b) The basic speed rule
established in ORS 811.100 if the person is operating the vehicle 15 miles per
hour or more above the speeds established in ORS 811.105 as prima facie
evidence of violation of the basic speed rule.
(c) ORS 807.010 (1),
vehicle operating without driving privileges.
(d) ORS 807.570, failure
to carry a license or to present a license to a police officer.
(e) ORS 811.140,
reckless driving.
(f) ORS 811.305, driving
on the left on a curve or grade or at an intersection or rail crossing.
(g) ORS 811.370, failure
to drive within a lane.
(h) ORS 811.410, unsafe
passing on the left.
(i) ORS 811.415, unsafe
passing on the right.
(j) ORS 811.485,
following too closely.
(k) Any law relating to
motor vehicle traffic control if the violation is connected to a fatal
accident. This paragraph does not apply to violations of parking laws or laws
regulating vehicle weight or equipment.
(L) Any law of another
jurisdiction that corresponds to an
SECTION 8. ORS 807.035 is amended to read:
807.035. This section
describes the type of driving privileges granted by various endorsements issued
by this state. The following endorsements grant the driving privileges
described:
(1) A motorcycle
endorsement authorizes a person to operate any motorcycle.
(2) A hazardous
materials endorsement authorizes a person to operate a vehicle transporting
hazardous materials.
(3) A tank vehicle
endorsement authorizes a person to operate tank vehicles.
(4) A passenger
endorsement authorizes a person to operate a vehicle that is designed to
transport 16 or more persons, including the driver, but that is not a school
bus.
(5) A school bus
endorsement authorizes a person to operate a school bus if the person also
holds a valid passenger endorsement.
(6) A double and
triple trailer endorsement authorizes a person to operate a commercial
motor vehicle with double and triple [trailers]
trailer combinations.
(7) A combined
endorsement authorizes a person to operate a tank vehicle, transport hazardous
materials and transport hazardous materials in a tank vehicle.
(8) A Class A farm endorsement authorizes a person to:
(a) Operate or tow any
vehicle that can be operated by the holder of a Class A commercial driver
license if the vehicle is:
(A) Controlled or
operated by a farmer;
(B) Used to transport
agricultural products, farm machinery or farm supplies to or from a farm;
(C) Not used in the
operation of a common or contract motor carrier; and
(D) Used within 150
miles of the farmer’s farm.
(b) Operate any vehicle
described in paragraph (a) of this subsection that is transporting hazardous
materials if the vehicle is placarded in accordance with law.
(c) Operate any
vehicle described in paragraph (a) of this subsection that is a tank vehicle or
a double trailer combination without holding a tank vehicle endorsement or a
double and triple trailer endorsement.
(9) A Class B farm
endorsement authorizes a person to:
(a) Operate or tow any
vehicle that can be operated or towed by the holder of a Class B commercial
driver license if the vehicle is:
(A) Controlled or
operated by a farmer;
(B) Used to transport
agricultural products, farm machinery or farm supplies to or from a farm;
(C) Not used in the
operation of a common or contract motor carrier; and
(D) Used within 150
miles of the farmer’s farm.
(b) Operate any vehicle
described in paragraph (a) of this subsection that is transporting hazardous
materials if the vehicle is placarded in accordance with law.
(c) Operate any
vehicle described in paragraph (a) of this subsection that is a tank vehicle
without holding a tank vehicle endorsement.
SECTION 9. ORS 807.370 is amended to read:
807.370. The following
are the fees relating to the issuance and renewal of licenses, driver permits
and endorsements:
(1) Disability golf cart
driver permit fees under ORS 807.210, as follows:
(a) For issuance,
$38.50.
(b) For renewal fee
under ORS 807.210, $26.50.
(2) Emergency driver
permit fee under ORS 807.220, $18.
(3) Instruction driver
permit issuance fee under ORS 807.280, $18.
(4)(a) License issuance
fee for a Class C license, $48.50.
(b) Fee to take the
knowledge test for a Class C license, $5.
(c) Fee to take the
skills test for a Class C license, $9.
(5) License issuance fee
for a restricted Class C license, $48.50.
(6) License issuance fee
for a commercial driver license, whether or not the license contains
endorsements, $70.
(7) Test fees for a
commercial driver license or permit:
(a) To take the
knowledge test for a Class A commercial license or permit, $10.
(b) To take the skills
test for a Class A commercial license, $70.
(c) To take the
knowledge test for a Class B commercial license or permit, $10.
(d) To take the skills
test for a Class B commercial license, $70.
(e) To take the
knowledge test for a Class C commercial license or permit, $10.
(f) To take the skills
test for a Class C commercial license, $70.
(8) Notwithstanding
subsection (6) of this section, for issuance of a commercial driver license of
any class when the Department of Transportation accepts a certificate of
competency issued under ORS 807.080, $40 in addition to the fee under
subsection (6) of this section.
(9) Notwithstanding
subsection (6) of this section, for original issuance of a school bus
endorsement to a person who has a commercial driver license with a passenger
endorsement:
(a) $21; or
(b) $61 if the
department accepts a certificate of competency issued under ORS 807.080.
(10) For a farm
endorsement, $26.
(11) Test fees for the
knowledge test for endorsements other than motorcycle and farm endorsements:
(a) For a hazardous
materials endorsement, $10.
(b) For a tank vehicle
endorsement, $10.
(c) For a passenger
endorsement, $10.
(d) For a double and
triple trailer endorsement, $10.
(e) For a school bus
endorsement, $10.
(12) Fee to take an
airbrake knowledge test, $10.
(13) Fee to take an
airbrake skills test to remove an airbrake restriction, $56.
(14) License renewal fee
for a commercial driver license, $50.
(15) License renewal fee
for a Class C license, $28.50.
(16) License or driver
permit replacement fee under ORS 807.160, $21.
(17) Original
endorsement issuance fee under ORS 807.170 for a motorcycle endorsement, $46,
in addition to any fees for the endorsed license.
(18) Special student
driver permit fee under ORS 807.230, $18.
(19) Student Driver
Training Fund eligibility fee under ORS 807.040 and 807.150, $6.
(20) Motorcycle Safety
Subaccount fee as follows:
(a) Upon original
issuance of motorcycle endorsements under ORS 807.170, $28.
(b) Upon renewal of a
license with a motorcycle endorsement under ORS 807.170, $28.
(21) Probationary driver
permit application fee under ORS 807.270, $50.
(22) Hardship driver
permit application fee under ORS 807.240, $50.
(23) Fee for
reinstatement of revoked driving privileges under ORS 809.390, $75.
(24) Fee for
reinstatement of suspended driving privileges under ORS 809.380, $75.
(25) Fee for
reinstatement of right to apply for driving privileges after a delay under ORS
809.280 (10) (1997 Edition), the same as the fee for reinstatement of suspended
driving privileges.
(26) Fee for a special
limited vision condition learner’s permit under section 3, chapter 277, Oregon
Laws 2003, $13.
SECTION 10. ORS 807.370, as amended by section 13, chapter
277, Oregon Laws 2003, section 3, chapter 59, Oregon Laws 2005, and section 11,
chapter 649, Oregon Laws 2005, is amended to read:
807.370. The following
are the fees relating to the issuance and renewal of licenses, driver permits
and endorsements:
(1) Disability golf cart
driver permit fees under ORS 807.210, as follows:
(a) For issuance,
$38.50.
(b) For renewal fee
under ORS 807.210, $26.50.
(2) Emergency driver
permit fee under ORS 807.220, $18.
(3) Instruction driver
permit issuance fee under ORS 807.280, $18.
(4)(a) License issuance
fee for a Class C license, $48.50.
(b) Fee to take the
knowledge test for a Class C license, $5.
(c) Fee to take the
skills test for a Class C license, $9.
(5) License issuance fee
for a restricted Class C license, $48.50.
(6) License issuance fee
for a commercial driver license, whether or not the license contains
endorsements, $70.
(7) Test fees for a
commercial driver license or permit:
(a) To take the
knowledge test for a Class A commercial license or permit, $10.
(b) To take the skills test
for a Class A commercial license, $70.
(c) To take the
knowledge test for a Class B commercial license or permit, $10.
(d) To take the skills
test for a Class B commercial license, $70.
(e) To take the
knowledge test for a Class C commercial license or permit, $10.
(f) To take the skills
test for a Class C commercial license, $70.
(8) Notwithstanding
subsection (6) of this section, for issuance of a commercial driver license of
any class when the Department of Transportation accepts a certificate of
competency issued under ORS 807.080, $40 in addition to the fee under
subsection (6) of this section.
(9) Notwithstanding
subsection (6) of this section, for original issuance of a school bus
endorsement to a person who has a commercial driver license with a passenger
endorsement:
(a) $21; or
(b) $61 if the
department accepts a certificate of competency issued under ORS 807.080.
(10) For a farm
endorsement, $26.
(11) Test fees for the
knowledge test for endorsements other than motorcycle and farm endorsements:
(a) For a hazardous
materials endorsement, $10.
(b) For a tank vehicle
endorsement, $10.
(c) For a passenger
endorsement, $10.
(d) For a double and
triple trailer endorsement, $10.
(e) For a school bus
endorsement, $10.
(12) Fee to take an
airbrake knowledge test, $10.
(13) Fee to take an
airbrake skills test to remove an airbrake restriction, $56.
(14) License renewal fee
for a commercial driver license, $50.
(15) License renewal fee
for a Class C license, $28.50.
(16) License or driver
permit replacement fee under ORS 807.160, $21.
(17) Original
endorsement issuance fee under ORS 807.170 for a motorcycle endorsement, $46,
in addition to any fees for the endorsed license.
(18) Special student
driver permit fee under ORS 807.230, $18.
(19) Student Driver
Training Fund eligibility fee under ORS 807.040 and 807.150, $6.
(20) Motorcycle Safety
Subaccount fee as follows:
(a) Upon original
issuance of motorcycle endorsements under ORS 807.170, $28.
(b) Upon renewal of a
license with a motorcycle endorsement under ORS 807.170, $28.
(21) Probationary driver
permit application fee under ORS 807.270, $50.
(22) Hardship driver
permit application fee under ORS 807.240, $50.
(23) Fee for
reinstatement of revoked driving privileges under ORS 809.390, $75.
(24) Fee for
reinstatement of suspended driving privileges under ORS 809.380, $75.
(25) Fee for
reinstatement of right to apply for driving privileges after a delay under ORS
809.280 (10) (1997 Edition), the same as the fee for reinstatement of suspended
driving privileges.
SECTION 11. ORS 813.215 is amended to read:
813.215. A defendant is
eligible for diversion if the defendant meets all of the following
conditions:
(1) The defendant had no
charge of an offense of driving while under the influence of intoxicants or its
statutory counterpart in any jurisdiction, other than the charge for the
present offense, pending on the date the defendant filed the petition for a
driving while under the influence of intoxicants diversion agreement[;].
(2) The defendant has
not been convicted of an offense described in subsection (1) of this section
within the period beginning 10 years before the date of the commission of the
present offense and ending on the date the defendant filed the petition for a
driving while under the influence of intoxicants diversion agreement[;].
(3) The defendant was
not participating in a driving while under the influence of intoxicants
diversion program or in any similar alcohol or drug rehabilitation program,
other than a program entered into as a result of the charge for the present
offense, in this state or in any other jurisdiction on the date the defendant
filed the petition for a driving while under the influence of intoxicants
diversion agreement[;].
(4) The defendant did
not participate in a diversion or rehabilitation program described in
subsection (3) of this section, other than a program entered into as a result
of the charge for the present offense, within the period beginning 10 years
before the date of the commission of the present offense and ending on the date
the defendant filed the petition for a driving while under the influence of
intoxicants diversion agreement[;].
(5) The defendant had no
charge of an offense of murder, manslaughter, criminally negligent homicide or
assault that resulted from the operation of a motor vehicle pending in this
state or in any other jurisdiction on the date the defendant filed the petition
for a driving while under the influence of intoxicants diversion agreement[;].
(6) The defendant has
not been convicted of an offense described in subsection (5) of this section
within the period beginning 10 years before the date of the commission of the
present offense and ending on the date the defendant filed the petition for a
driving while under the influence of intoxicants diversion agreement[;].
(7) The defendant did
not [have] hold a commercial
driver license [at the time] on
the date of the commission of the offense[;].
(8) The defendant was
not operating a commercial motor vehicle at the time of the offense[; and].
(9) The present driving
while under the influence of intoxicants offense did not involve an accident
resulting in:
(a) Death of any person
[other than the defendant]; or
(b) Physical injury as
defined in ORS 161.015 to any person other than the defendant.
SECTION 12. ORS 153.090 is amended to read:
153.090. (1) Judgments
entered under this chapter may include:
(a) Imposition of a
sentence to pay a fine;
(b) Costs, assessments
and restitution authorized by law;
(c) A requirement that
the fine, costs, assessments and restitution, if any, be paid out of any base
fine;
(d) Remission of any
balance of a base fine to the defendant or to any other person designated by
the defendant; and
(e) Any other provision
authorized by law.
(2) Notwithstanding ORS
137.106, if the court orders restitution in a default judgment entered under
ORS 153.102, a defendant may allege an inability to pay the full amount of
monetary sanctions imposed, including restitution, and request a hearing to
determine whether the defendant is unable to pay or to establish a payment
schedule by filing a written request with the court within one year after the
entry of the judgment. The court shall set a hearing on the issue of the
defendant’s ability to pay upon receipt of the request and shall give notice to
the district attorney. The district attorney shall give notice to the victim of
the date, time and place of the hearing. The court may determine a payment
schedule for monetary sanctions imposed, including restitution ordered under
this subsection, if the defendant establishes at the hearing that the defendant
is unable to pay the ordered restitution in full.
(3) If a trial is held
in a violation proceeding, or a default judgment is entered against the
defendant under ORS 153.102, the court may impose any fine within the statutory
limits for the violation. If a defendant pleads no contest under ORS 153.061 (2)(b), or pleads guilty under ORS 153.061 (2)(c), and the
court accepts the plea and enters judgment against the defendant, the amount of
the fine imposed against the defendant by the court may not exceed the amount
of the base fine established for the violation under ORS 153.125 to 153.145.
(4) A judge may suspend
operation of any part of a judgment entered under this chapter upon condition
that the defendant pay the nonsuspended portion of a
fine within a specified period of time. If the defendant fails to pay the
nonsuspended portion of the fine within the specified period of time, the suspended
portion of the judgment becomes operative without further proceedings by the
court and the suspended portion of the fine becomes immediately due and
payable.
(5) The court may not
recommend a suspension of the defendant’s driving privileges unless a trial has
been required. The failure of the defendant to appear at the trial does not
prevent the court from recommending suspension of the defendant’s driving
privileges.
(6) Entry of a default
judgment under ORS 153.102 does not preclude the arrest and prosecution of the
defendant for the crime of failure to appear in a violation proceeding under
ORS 153.992.
(7) If a person holds a
commercial driver license, a court may not defer entry of a judgment or allow
an individual to enter into a diversion program that would prevent a conviction
for a traffic offense from appearing on the driving record of the holder. This
subsection applies to all traffic offenses, whether committed while driving a
motor vehicle or a commercial motor vehicle, but does not apply to parking
violations. For purposes of this subsection, a person holds a commercial
driver license if on the date of the commission of the offense the commercial
driver license is:
(a) Valid;
(b) Expired less than
one year; or
(c) Suspended, but not canceled,
revoked.
SECTION 13. ORS 809.404 is amended to read:
809.404. (1) The
Department of Transportation shall suspend a person’s commercial driver license
or right to apply for a commercial driver license if the person is disqualified
from holding a commercial driver license under this section. A person is
entitled to administrative review under ORS 809.440 of a suspension under this
section.
(2) A person is
disqualified from holding a commercial driver license if the person has two or
more of any of the following in any combination:
(a) A record of
conviction for driving while under the influence of intoxicants under ORS
813.010 and the person was driving a motor vehicle or a commercial motor
vehicle at the time of the offense.
(b) A suspension of the
person’s commercial driver license under ORS 813.410 for refusal to submit to a
test under ORS 813.100 and the person was driving a motor vehicle or a
commercial motor vehicle at the time of the offense.
(c) A suspension of the
person’s commercial driver license under ORS 813.410 because the person
submitted to a breath or blood test and the person’s blood, as shown by the
test, had 0.04 percent or more by weight of alcohol and the person was driving
a commercial motor vehicle at the time of the offense.
(d) A record of
conviction under ORS 811.700 or 811.705 of failure to perform the duties of a
driver and the person was driving a motor vehicle or a commercial motor vehicle
at the time of the offense.
(e) A record of
conviction of a crime punishable as a felony, other than a felony described in
subsection (3) of this section, and the person was driving a motor vehicle or a
commercial motor vehicle at the time of the offense.
(f) A record of
conviction for driving a commercial motor vehicle while, as a result of prior
violations committed while driving a commercial motor vehicle, the person’s
commercial driver license had been suspended or revoked.
(g) A record of
conviction of any degree of murder, manslaughter or criminally negligent
homicide resulting from the operation of a commercial motor vehicle or assault
in the first degree resulting from the operation of a commercial motor vehicle.
(3) A person is
disqualified from holding a commercial driver license if the person has a
record of conviction for a crime punishable as a felony that involves the
manufacturing, distributing or dispensing of a controlled substance, as defined
in ORS 475.005, and in which a motor vehicle or a commercial motor vehicle was
used. Notwithstanding subsection (4) of this section, the department may not
issue or reinstate a commercial driver license for the lifetime of a person
whose commercial driver license is suspended under this subsection.
(4) Ten years after a
person is disqualified from holding a commercial driver license under
subsection (2) of this section, or 10 years after receiving a lifetime
suspension under ORS 809.413 (1), (2), (4) or (5), the person may apply to
the department for the right to apply for a commercial driver license or for
reinstatement of the person’s commercial driver license. The department may
issue or reinstate a commercial driver license to a person who meets all other
requirements for the issuance of a commercial driver license if the department,
in the discretion of the department, finds good cause shown and finds that the
person voluntarily entered and successfully completed rehabilitation as
approved by the department.
(5) Notwithstanding
subsection (4) of this section, if a person whose commercial driver license is
issued or reinstated under subsection (4) of this section receives a subsequent
conviction or suspension described in subsection (2) of this section, the
department shall suspend the person’s commercial driver license or right to
apply for a commercial driver license for the lifetime of the person.
(6) For the purposes of
this section:
(a) Second or subsequent
records of conviction or suspensions apply only if the convictions or
suspensions arose out of separate incidents.
(b) A record of
conviction or suspension applies to a person who does not
hold a commercial driver license only if the person was driving a
commercial motor vehicle at the time of the commission of the offense.
Approved by the Governor May 9, 2007
Filed in the office of Secretary of State May 10, 2007
Effective date January 1, 2008
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